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SR-0 (8) ~ . r. <. e tit PL:JL:lk Council ~tc: hugust~, 1983 Santa Monica, Californ~a TO: Mayor anc City Counc~l FRO!l:: Cl. ty Staff SCEJ~CT: Appeal, !nter~m Developrnen~ Pernl~t No. 1'6, 2222 Lincoln Bo~levard, C4, Mini-Mart and Reta~~ Store, T. W. Layman. Introduct~on T~is is an appeal from the Plann~ng Comm~ssion denial of an &pplication for an.lnter~ Development Permit for construction of a convenience market at the northwest corner of Strand and Ll.ncoln. Appeal is by the appl~cant. Background -- The cppll.cant propcses to construct a 3,2~~ sq.ft. cornrnercl.al bUl.ld- ~ng ccr.taining a convenl.ence marke~ and re~a~l store at the nortn~est corner of Strand and Ll.ncoln l.n the C4 Dl.strl.ct. The proposed str~ct~~e meets both the current zc~~n~ re~~l.reme~ts anc those ~~~~ssec ~~ p.esol~~~oL Ko. 6385 =cr t~e a=ea c: ~l~col~ Boulevarc sc~th 0: ~he Free~cY. ~he parKlng a~d access~ays were approvec by the Traff~c Engl.neer. Follow~ng p~bl~c h~ar~ng on Hay 16, 1983, a~ '~~ch the application was opposed by several ne~ghbors, the Planning Comrn~ssion unan~mously den~ec the appl~cat~cn on the grounas ttat it ~ould preJudice the C~ty's ab~l~ty to aoopt a ~ev~sed land ~5c ~.e~e~~. Tne a?pl~cant has appealec ~h~s determl.nat~on. Since the Plannl.ng Commission meeting of May 16, the appl~cant has met wl.th residents of the neighborhood and has indl.cated to staff t::a ~ they have cEYElopec. a l.::..st 0: uses d:;.ch by Iriut..:al asreer:lent . - 50 e e :.:c.:"cr -...~ ~......... C1.ty Counc1.l -2- August 9, 1ge3 :~:: not ~e ~nc:u6ec l.n th1.S project as ~t 1.S leased because of the ?o~ential negat1.ve effects or. the neighborhood. (Exh1.b~t A) c:. -::," Co<.:nc:.l Author~ 'tJ' ~~ce= the provis1.ons of Sect1.0n 6 of Orc1.nance No. 1251 (CCS) the C1.ty Counc1.1 may aff1.rm, reverse or mod1.fy any determination of the Plann1.ng CO~;1.ssio~ in regard to an Interim Development Permit anc the dec1.s1.on of the C1.ty Counc1.l shall be final. In approving -..... ~. application the COMrn1.ssion or Council must find that: ~ ~ . ~~!e Develc?~e~t 1.S cor.S1.stent w1.th the f1.nd~ngs and c: Orc1.~ar.ce Kc. 1251(CCS). -:Jt:r-::>ose 2. ~he pro?osec plans comply ~1.th exist1.ng regulat1.ons conta~nec ~~e :~~:.c~?a: Coce excep~ as noted. ~ ~~e e~~5t~~s an6/c= ~rc?~se~ =~S~~E-of-~a~. ~c= no~h ?~ces~r~a~ a~c.autcmob~le tr~:::.c ~1.1l.b: ac~q~a~e~c acco~~ocate tr.e a~t~c:.patec res~~~s 0: tne prcposec ceve~o?ne~~ l.nc:uc~ns off- 5~~ee~ p~rkl~g :acil~t~e5 a~c access there~o. ~. The eX1.st~ng and/or proposed publ~c and/or pr1.vate health a~c Sc:e~y fac~lities (incl~dinq, but net linitec to, 5cr.itation, 5-s~.~e:-s I St.C'~ c~c.1.~.:.s, :1.!'e ;:=ct.ec~:.c:-" c.e~\-:.ces, ;;.=ctect~"\"e sen.~ce5, ~~~ ~J~:lC ~~l:ltlc5l ~~:: oe ace~~at€ ~o accoIT~odat€ t~e ant1.C1.- patec results of the proposed development. 5, ~~e proposed development w~ll not ?~ejuc1.ce the ab~l1.ty of ~~e C~ty to acopt a rev~sec land use element. :~e =eco~~encat~ons presentee ~n th~5 report do not have a budget/ =~~a~Clal ~mpact. : :=::-_--E::-c.E.~:.c:-+ !~ l: res?ectfully reco~~encec that this appeal be den~ed without pre)UClCe a~d returned to the Plann1.ng Corr~1.SS1.0n for reconsideration. ?-=---=......c- ---::----'--- -,'IiI" . "-". :\~ark 7~ga~, t~rec~or, COr:l!7".:m:L ty & ECO:-JO~lC Develop~~lent Jar.leE Lunsforc, D~rector, Flann1.ng and Zon~ng Attachment: Letter from Developer's Attorney 1 e( e( PORT ANOV A A.."'"ID PENSIG A LAW CORPORATION "VICTOR R PORT.A.NOV A PAUL A. PENSlG PAULH LIBts 9460 W ~I ,,", H' "<E BOUl..EV ARD. SUITE :120 BEVERLY }nT ,T ..!OJ. C.A T,~RNIA 9021.2 (213) 273-5691 - ROBERT A. tJH.L OF OOL~SEL September 26, 1983 Carole Waldrop Planning & Zoning Suite 212 - Santa 1685 Ma~n Street Santa Monica, CA Division Monica City Hall 90401 Re: Proposed Development - La Mancha Development Properties, Ltd. ("La Mancha") - N.W.C. Lincoln and Strand (the "Project") Dear Ms. Waldrop: ThIS will confirm that La Mancha, through its representatIves, has met with the Seventh and Strand Ne~qborhood Association (th~ "Association") with respect to the Project and that the AssociatIon supports the Project in Its configuration as subm1tted (i.e. wIth parking 1n front) subject to the terms and conditions set forth below. It is my understanding that the Association was sponsored by Ocean Park Community Organization. The following uses will not be part of the project: 1. Liquor sales; 2. 24 hour stores or stores which are open during late night hours; 3. Dry cleaning plants (as opposed to "pick-up" stores with the plant off the premises) ; 4. Uses generating offensive noise or fumes; 5. Manufacturing businessesi 6. Automotive or motorcycle uses (e.g. gas stations,auto or motorcycle parts stores); LamL&SCW.29 .l .L Carole Waldrop - 2 - September 26, 1983 7. Restaurants which are primarily take-out (e.g. a "Colonel Sanders" or "Swensens.). The following uses should be encouraged by La Mancha: 1. Professional offices: 2. A bicycle shop; 3. Small retail with regular business hours: 4. Branch financial institution: 5. An ethnic restaurant or ba~ery. La Mancha should agree to the follow~ng: 1. TO pay (or have the tenants of the project pay) for ten years for the electricity for "goose-neck" type lamps hung from the electrical poles on Strand between LIncoln Boulevard and Slxth Street. La Mancha would arrange f8r the ~~5~allatlo~ 0= s~ch la-?s at no cost to either the neighborhood or the city. 2. ~o encourage the City to earmark development fees arising from the Project for neighborhood uses. A self-explanatory letter to Stanley Scholl, Director of General Services, concerning the "goose-neck" lamps is enclosed. The Associatlon agrees with La Mancha that parking in the front is preferable to parking in the rear becuase parking in the front creates a "noise-buffer" for the neighborhood and also because parking in the rear is simply a breeding place for crime. Last of all, the Association agrees with La Mancha that the San Francisco based consultantls suggestion that pedestrian traffic would result on LinCOln Boulevard from parking in the rear is unrealistic. Lincoln Boulevard is a state highway and by virtue of the heavy vehicular load will always be unattractive to pedestrians. Please include this letter in your submission to the City Council. I have asked the Association to independently ver ify the statements contained herein in writing. LamL&SCW.29 , . .l .< Carole Waldrop - 3 - September 26, 1983 If I can assist you in any fashion please do not hesi tate to contact me. Very truly yours, Portanova & pensig, A Law Corporation -, /' ,.-"7 __ ,,: By / - <--- -':--./ Paul A. pensig c~ PAP:Jlr cc: Geoffrey GIlbert Hammerling LamL&SCW.29 ~ ... r t- f . . e( e(' .PORT ANOV A AND PENSIG A LAW CORPORATION VICTOR ~ PORT A.......OV A PAUL A PE.....SIG PAUL H T .TRT!Ol. 9460 W" ..cl.H I HE BOULEV.&RD. 8\JJ.....-.IIl 520 BEVERLY R'TT .T .!OI, (" A T .TIil'()RNIA 8081.1: liU.3) 5t'78-5e91 ROBERT A \.J.tU.. OF OOUN8EL August 9, 1983 Stanley Scholl Director of General Services Santa Monica City Hall 1685 Main Street Santa Monica, CA 90401 Re: Proposed Development N.W.C. Lincoln and Strand Dear Mr. Scholl: This will confirm our conversation of August 8, 1983 as follows: ,: ~~ L_ ~ ~ ~ o u l. My client, La Mancha Development Properties, Ltd. (-La Mancha-), is interested ln developlng the above noted property (the .Property.); 2. .One of ~he matters dis~ussed with a neighborho?d group as aO>condition -of its" concurrence with such development was "- the llghtlng of Strand Street from Lincoln Boulevard to Sixth Street. 3. La Mancha had been advised by Southern California Edison that it would hang -gooseneck" street lamps from its pOles which are approximately six in number (and all of which abut city streets) if an agreement could be reached with the city by La Mancha as to the period of time during which La Mancha or any successor owner of the Property would be responsible for the cost of electricity. 4. You stated to me that you would recommend that the city approve of such gooseneck lamps if the owner of the Property would pay for electricity for ten (10) years. 5. I believe that the foregoing is acceptable to La Mancha and upon its approval will notify you. In order to J LamLSMSS.29 ... . [..-- , .. (-: e (: . ... . ~ Stanley Scholl - 2 - August 9, 1983 secure the promise to pay for the electricity, you and I agreed that a covenant binding the owner of the Property to pay for the electricity would need to be prepared and recorded as a lien against the Property. If the foregoing is not accurate in any regard please advise me in writing as soon as po~ble. I will be out of town from August 11 through August 21 but will be in continuous contact with my office. Very truly yours, Portanova & Pensig, A Law Corporation , ' { By c: /-- Paul A. Pensig J -J ~iJ -- - -:7_ -- -I PAP;cad Enclosures ...... --;J- cc: Geoff Gilbert-Bamrnerllng Sam Bachner Robert Champion.!"'" ,~ Linnard Lane Torn Layman .- -* "u ~~ ~ .,;.- _/1'